Heffernan v. Harbeson

2004 VT 98, 861 A.2d 1149, 177 Vt. 239, 2004 Vt. LEXIS 282
CourtSupreme Court of Vermont
DecidedOctober 1, 2004
Docket04-008
StatusPublished
Cited by30 cases

This text of 2004 VT 98 (Heffernan v. Harbeson) is published on Counsel Stack Legal Research, covering Supreme Court of Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heffernan v. Harbeson, 2004 VT 98, 861 A.2d 1149, 177 Vt. 239, 2004 Vt. LEXIS 282 (Vt. 2004).

Opinion

Johnson, J.

¶ 1. Father appeals the family court’s ruling that 15 V.S.A. § 665(a) controls the assignment of parental rights and responsibilities in actions brought under the Parentage Proceedings Act (PPA), 15 V.S.A §§301-308. Father also appeals the parent-child contact schedule fashioned by the family court on remand from this Court’s panel decision. Father claims that the schedule fails to equalize the time that his son spends with each parent. We affirm.

¶ 2. Mother gave birth to the parties’ child in October 1999. Mother and father did not marry. Both mother and father have been deeply involved in the child’s upbringing, each dedicating countless hours to raising the child. The parties separated in August 2000, and some months later, mother filed this parentage action. The family court held hearings and issued a written decision containing extensive findings of fact and conclusions of law. The court’s decision awarded primary physical rights and responsibilities to mother, noting her plan to open a daycare facility that would allow her to care for the parties’ child during the workday while still earning an income. The court’s order also established a parent-child contact schedule that allowed father to spend weekdays with the child between the hours of 3:30 p.m. and 7:00 p.m. in addition to three weekends each month, three weeks in the summer, and alternating holidays. The court awarded the parties joint legal rights and responsibilities, i.e., the ability to participate in important aspects of the child’s upbringing such as “education, medical and dental care, religion and travel arrangements.” 15 V.S.A § 664(1)(A). In settling upon these arrangements, the court considered “the best interests of the child” factors set forth in 15 V.S.A. § 665.

¶ 3. Mother and father both appealed various aspects of the family court’s initial order. In considering that appeal, a three member panel of this Court noted that “[i]t is not clear ... whether § 665 applies to actions under the Parentage Proceedings Act, 15 V.S.A §§ 301-308.” Heffernan v. Harbeson, Docket No. 2002-297 (Vt. May 6, 2003), at 2 (unpublished mem.). We noted that the PPA merely provided that “‘[i]n an action under this subchapter, the court may determine parentage and may include in its order provision[s] relating to the obligations of parentage, including future child support, visitation and custody,”’ but provided no standards to guide the courts in making determinations concerning “obligations of parentage.” Id. (quoting 15 V.S.A. § 306). By contrast, 15 V.S.A. § 665(a), which applies to the *241 assignment of parental rights and responsibilities in marital dissolution cases, provides that “[w]hen the parents cannot agree to divide or share parental rights and responsibilities, the court shall award parental rights and responsibilities primarily or solely to one parent.” Because the parents in this case could not agree on the proper division or sharing of parental rights and responsibilities, we remanded to the family court to determine whether § 665(a)’s prohibition of shared rights and responsibilities applied here, in the absence of parental agreement. Id. .

¶ 4. On remand, and after briefing from both parties, the family court concluded that § 306 and § 665(a) must be read in pari materia because the statutes concerned the same subject matter: child custody. See In re Cottrell, 158 Vt. 500, 504, 614 A.2d 381, 383 (1992) (stating that the Court determines legislative intent by reference to the entire statutory scheme, and in so doing the Court reads statutes in pari materia). As a result, the family court amended its order, assigning sole legal custody to mother in compliance with the court’s understanding of § 665(a). In awarding sole physical and legal custody to mother, pursuant to 15 V.S.A. § 665(d) the court required mother to notify father whenever there is a major change in the child’s welfare.

¶ 5. Father appeals the family court order claiming error in the conclusion that § 665(a) applies in parentage actions. Father argues that this conclusion is inconsistent with the plain meaning of the statutes as written. In his view, the court’s authority to “order provisions relating to the obligations of parentage, including future child support, visitation and custody,” 15 V.S.A. § 306, is undefined and unrestricted because the PPA contains no standards to guide the courts in parentage cases. Further, father argues that § 665(a)’s application is limited, by its language, to custody disputes arising from annulment and divorce. Accordingly, he argues that the court’s original order assigning joint legal custody to mother and father should not have been disturbed on remand.

¶ 6. We cannot agree that the Legislature intended to create a detailed, mandatory set of guidelines for our courts to apply only when resolving custody disputes in divorce and other dissolution proceedings, while giving the courts unfettered discretion to resolve the same issues between unwed parents. Accordingly, we affirm.

¶ 7. Whether the family court properly construed the controlling statutes is a question of law that we review de novo. Office of Child Support v. Sholan, 172 Vt. 619, 620, 782 A.2d 1199, 1202 (2001) (mem.). *242 “When construing a statute, the function of the court is to ascertain and give effect to the intention of the legislature.” Paquette v. Paquette, 146 Vt. 83, 86, 499 A.2d 23, 26 (1985). When the statute’s scope and meaning are readily apparent, no construction is necessary, and we apply the statute according to its terms. Id. In cases where there is doubt or ambiguity, however, we discern legislative intent by considering the statute as a whole, reading integral parts of the statutory scheme together. Id:, see also In re S.B.L., 150 Vt. 294, 301, 553 A.2d 1078, 1083 (1988) (stating that Court construes statutes relating to same subject matter in pari materia). “Thus, we must look not only at the letter of a statute but also at its reason and spirit” to avoid results that are irrational or unreasonable. S.B.L., 150 Vt. at 301, 553 A.2d at 1083.

¶ 8. The PPA’s stated purpose is to ensure that “the legal rights, privileges, duties and obligations of parents be established for the benefit of all children, regardless of whether the child is bom during marriage or out of wedlock.” 15 V.S.A. § 301. By its terms, this policy statement indicates a legislative desire that the courts adjudicate parental obligations in a consistent fashion so that children are not treated differently under the law solely because of the relationship between their parents at the time of their birth. The PPA contains no standard for establishing parental rights and responsibilities for children bom to unmarried parents, but a standard for these determinations is provided in the part of Title 15 that deals with children “bom during marriage.”

¶ 9.

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Bluebook (online)
2004 VT 98, 861 A.2d 1149, 177 Vt. 239, 2004 Vt. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heffernan-v-harbeson-vt-2004.